Senate Bill 2076

(As Passed the Senate)

AN ACT TO CODIFY SECTION 89-1-50, MISSISSIPPI CODE OF 1972, TO AUTHORIZE BY AFFIDAVIT EVIDENCE OF PAYMENT OF A LIEN; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. The following shall be codified as Section 89-1-50, Mississippi Code of 1972:

89-1-50. Affidavit as evidence of payment. Any affidavit relating to the payment of a lien affecting the title to real estate which has attached thereto both a copy of a letter from the lienholder stating the amount necessary to pay the lien in full and a copy of a cancelled check payable to the lienholder in the amount stated in the letter, duly sworn to and acknowledged before any officer or person authorized to administer an oath under the laws of this state, shall be recordable in the land records in the office of the chancery clerk in the county where the real estate is located.

Any affidavit so recorded, or a certified copy thereof, shall be admissible as evidence in any action involving the instrument to which it relates or the title to the real estate affected by the instrument and shall be prima facie evidence of the facts stated therein.

Any action to enforce the subject lien or to challenge title to the real estate shall be commenced within three (3) years next after the recording of the affidavit and not after.

SECTION 2. This act shall take effect and be in force from and after July 1, 2007.